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People v. Hossain

Supreme Court, Appellate Division, First Department, New York.
Nov 13, 2018
166 A.D.3d 457 (N.Y. App. Div. 2018)

Opinion

7616 SCI 2702/17

11-13-2018

The PEOPLE of the State of New York, Respondent, v. Ballal HOSSAIN, Defendant–Appellant.

Howard Greenberg Law Firm, Brooklyn (Jonathan Rosenberg of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.


Howard Greenberg Law Firm, Brooklyn (Jonathan Rosenberg of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Renwick, J.P., Tom, Mazzarelli, Webber, Kern, JJ.

Judgment, Supreme Court, New York County (Kevin B. McGrath, J.), rendered February 23, 2018, convicting defendant, upon his plea of guilty, of grand larceny in the second degree (two counts) and grand larceny in the third degree, and sentencing him, to an aggregate term of 2 1/3 to 7 years, unanimously affirmed.

The record refutes defendant's assertion that the court failed to consider mitigating factors in exercising its sentencing discretion on defendant's open plea (taken without a sentence promise). Defendant's remaining contentions regarding sentencing procedure are unpreserved, and we decline to review them in the interest of justice. As an alternative holding, we reject them on the merits (see e.g. People v. Marcano, 199 A.D.2d 86, 605 N.Y.S.2d 51 [1st Dept. 1993] ).


Summaries of

People v. Hossain

Supreme Court, Appellate Division, First Department, New York.
Nov 13, 2018
166 A.D.3d 457 (N.Y. App. Div. 2018)
Case details for

People v. Hossain

Case Details

Full title:The People of the State of New York, Respondent, v. Ballal Hossain…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: Nov 13, 2018

Citations

166 A.D.3d 457 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 7688
85 N.Y.S.3d 768